[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002 No. 66 URL: http://www.bailii.org/nie/legis/num_reg/2002/20020066.html

[New search] [Help]

"the 1972 Order" means the Health and Personal Social Services (Northern Ireland) Order 1972[3];

"the 1991 Order" means the Health and Personal Social Services (Northern Ireland) Order 1991[4];

"the 1993 Regulations" means the Health and Personal Social Services (Fund-holding Practices) Regulations (Northern Ireland) 1993[5] as in operation before the coming into operation of this Order;

"allotted sum" has the same meaning as in Article 18(1) of the 1991 Order as then in operation;

"final balance" shall be construed in accordance with Article 7;

"former members of a fund-holding practice" means the medical practitioners who - 

(a) were members of a fund-holding practice and who - 


(i) renounced recognition as a fund-holding practice in accordance with regulation 9 of the 1993 Regulations, or

(ii) withdrew from a fund-holding practice in circumstances other than death or retirement in accordance with regulation 8[6] of the 1993 Regulations;



(b) were members of a recognised fund-holding practice on 1st April 2001;

"fund-holding account" means a bank account (including any account with a building society incorporated under the Buildings Societies Act 1986[7]) maintained by the former members of a fund-holding practice for the purpose of receiving an allotted sum or any part of it;

"fund-holding practice" means a fund-holding practice recognised under Article 17 of the 1991 Order as then in operation;

"fund-holding provisions" means Articles 17 to 20 of the 1991 Order as then in operation;

"list size" means the number of individuals on the list of patients of a medical practitioner who provides general medical services in accordance with arrangements under Article 56 of the 1972 Order[8];

"notice" means notice in writing;

"savings" shall be construed in accordance with regulation 21(1) and (2) of the 1993 Regulations[9];

"transferred assets" shall be construed in accordance with Article 2; and

"written consent" means written consent by the Health and Social Services Board to the application of part of the allotted sum for a specific purpose in accordance with regulation 21(2) and (3) of the 1993 Regulations as the applicable regulation had effect on the date the consent was given.

    (3) In this Order, any reference to a Health and Social Services Board is a reference to the relevant Health and Social Services Board, construed in accordance with Article 18(7) of the 1991 Order as then in operation.

    (4) In this Order any reference to the rights and liabilities of the former members of a fund-holding practice is a reference to rights acquired and liabilities incurred in connection with the application of an allotted sum.

Rights and liabilities remaining with former members
     5.  - (1) Subject to paragraphs (2) and (3), any liability which did not become enforceable against the Health and Social Services Board in accordance with Article 3, shall nevertheless be paid for by the Health and Social Services Board if the liability - 

(a) is one which falls within Article 3(2); or

(b) is incurred on or after 1st April 2002 pursuant to written consent granted before that date.

    (2) The Health and Social Services Board shall be liable to pay for a liability of the former members of the fund-holding practice under paragraph (1) up to any limitation on the sum to be applied set out in the written consent.

    (3) Where the former members of a fund-holding practice become aware of any claim relating to a liability falling within paragraph (1), they shall - 

(a) notify the Health and Social Services Board of the claim; and

(b) take such action as the Health and Social Services Board shall reasonably require to avoid, dispute, resist, compromise, defend or appeal against the claim.

Costs incurred in preparing the accounts of fund-holding practices
     6.  - (1) Subject to Article 9, the Health and Social Services Board shall meet the reasonable costs incurred by the former members of a fund-holding practice in preparing the annual accounts of that practice for the financial year 2001-2002, which may include - 

(a) payments to employees or former employees of the fund-holding practice;

(b) payments to either - 


(i) a former member of the fund-holding practice, or

(ii) a medical practitioner to provide general medical services to the patients of a former member of the fund-holding practice who is engaged in preparing those accounts;



(c) auditors' fees;

(d) payments relating to computers and information technology.

    (2) The Health and Social Services Board may discharge its liability to meet the costs incurred in accordance with paragraph (1), in whole or part, by discharging the liability of the former members of the fund-holding practice to any other person.

(a) the purchase of material or equipment which - 


(i) is to be used for the treatment (including diagnostic treatment) of patients of the former members of the fund-holding practice, or

(ii) enhances the comfort or convenience of patients of the former members of the fund-holding practice,



(b) payments to - 



(i) dieticians, or

(ii) counsellors providing advice on diet, alcohol consumption, smoking or other personal health matters,



(c) the purchase of computers, including hardware and software;

(d) payments to staff but only those salaries and other payments permitted by paragraph 52.6 of the Statement published in accordance with regulation 37 of the General Medical Services Regulations (Northern Ireland) 1997[10];

(e) initiatives to improve prescribing;

(f) payments for - 



(i) the purchase of health education materials or equipment,

(ii) advice on the dissemination of health education to patients,



(g) in relation to the premises from which the former members carry on their practice, improvements to the premises including alterations to or decoration of the premises, the purchase of furniture and furnishings and building an extension.

    (5) Where any part of the final balance remains after liabilities incurred by the former members of the fund-holding practice have been discharged in accordance with Article 8(1), it shall be applied by the Health and Social Services Board as the Department may direct.

D. J. Thompson
Senior Officer of the Department of Health, Social Services and Public Safety

[2] 2001 c. 3 (N.I.)back

[3] S.I. 1972/1265 (N.I. 14)back

[4] S.I. 1991/194 (N.I. 1)back

[5] S.R. 1993 No. 142, amended by S.R. 1996 No. 131; S.R. 1997 No. 184; S.R. 1998 No. 323 and S.R. 1999 No. 60back

[6] Regulation 8 was substituted by regulation 4 of S.R. 1996 No. 131 and amended by S.R. 1997 No. 184; S.R. 1998 No. 323 and S.R. 1999 No. 60back

[7] 1986 c. 53back

[8] Article 56 was amended by S.I. 1978/1907 (N.I. 26); S.I. 1981/432; S.I. 1986/2229 (N.I. 24); S.I. 1988/2249 (N.I. 24); S.I. 1991/194 (N.I. 1) and S.I. 1997/1177 (N.I. 7)back

[9] Regulation 21 was substituted by regulation 14 of S.R. 1998 No. 323back

[10] S.R. 1997 No. 380back

[11] Article 90(5) of the 1972 Order was inserted by the Health and Personal Social Services (Northern Ireland) Order 1991 (N.I. 14), Article 22 and was repealed by the Health and Personal Social Services Act (Northern Ireland) 2001, section 60(3) and Schedule 5back

[12] Article 92A of the 1972 Order was inserted by the Health and Personal Social Services (Northern Ireland) Order 1994 (N.I. 2), Article 5 and was repealed by the Health and Personal Social Services Act (Northern Ireland) 2001, section 60(3) and Schedule 5back

[13] S.I. 1996/127 (N.I. 7) as amended by S.I. 1997 No. 1758 (N.I. 14)back

[14] S.R. 1997 No. 380back

[15] Regulation 21 was substituted by regulation 14 of S.R. 1998 No. 323back

[16] Regulation 22 was amended by S.R. 1996 No. 131 and S.R. 1997 No. 184back

  © Crown copyright 2002